Legal Question in Family Law in New York

Pensions

I am trying to settle on an amount for my share of my husbands pension. His pensions are worth 72,000.00. He is only 44 years old so a while before he retires. I asked to take it in a lump sum, him paying me through the proceeds of his share of the sale of the marital home. My share is 36,000.00. Why is it that he is only offering me 20,000.00. I dont understand, it is taxed? Shouldnt i be entitled to half. Can he turn around if I dont settle for the 20 and have me wait till he retires to see my share through monthly checks? What is a fair amount to ask for?

I would appreciate if you can let me know.

Thank you


Asked on 2/28/09, 3:29 pm

1 Answer from Attorneys
J. Douglas Barics Law Office of J. Douglas Barics

Re: Pensions

You are asking for specific advice, which can't be given by means of a message board.

If the pension is divided, you will get your share when he retires. If he buys you out, the present value will take into account that a dollar now is worth more than a dollar in the future, and the value adjusted accordingly.

This is an issue you should be discussing with your lawyer.

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Answered on 2/28/09, 5:34 pm


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